This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property For Debt In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Personal property such as medical equipment, work tools, and basic household items are generally exempt from seizure by a judgment creditor. Negotiating a payment plan with the creditor is often the best approach to avoid prolonged and stressful collection efforts.
Exemption from the Enforcement of Judgments Type of PropertyCode Social Security Direct Deposit Accounts (the account itself) CCP § 704.080 Wages CCP § 704.070 Public Assistance (Welfare) CCP § 704.170 W&I § 17409 Charity; Fraternal Benefit Funds CCP § 704.17027 more rows
The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.
Enforcing Your Judgment Get in touch with the judgment debtor. Levy (seize) assets that you have personal knowledge of. Examine judgment debtor in court to locate unknown assets. Suspend the judgment debtor's driver's license if the judgment is for auto accident.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
In many cases, filing in small claims court is the fastest and easiest way for people to legally settle their disputes. The person suing is the plaintiff, and the person being sued is the defendant. A person cannot sue for more than $12,500 in most cases. A business or public entity cannot sue for more than $6,250.
You don't have to have a minimum amount of monetary damages in order to go to court. Small claims court by definition will have a maximum amount of potential damages, but if you, say, promise a kid 50 cents if he brings you your mail, and he takes off with your two quarters, you can theoretically sue to get it back.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
More info
You can put a lien on that property so that if they ever sell or refinance the property you might get paid. To do this, you first need an Abstract of Judgment.In Alameda County, you have not one, but two different sources from the courts to walk you through enforcing a judgment. In California, if you're the person owed money (the creditor), you can place a judgment lien on the debtor's real estate or personal property. If the judgment debtor owns real property, the judgment creditor may place a lien on the property. You have 30 days to respond to a debt lawsuit in California. You must complete the form Claim of Right to Possession and. Notice of Hearing (form CP10) and give it to the sheriff or levying officer. The application must be filed with the superior court in the debtor's county of residence in California. …collecting the money owed is the other half.
